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Approving a Liquor Outdoor Service Area (Patio) and Liquor Outdoor Service Area (Sidewalk) license with conditions for The Neighborhood Café (License ID #20120000960), 1570 Selby Avenue.
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WHEREAS, The Neighborhood Café, Inc. d/b/a The Neighborhood Café (License ID #20120000960) applied for a Liquor Outdoor Service Area (Patio) and Liquor Outdoor Service Area (Sidewalk) license for the premises located at1570 Selby Avenue in Saint Paul; and
WHEREAS, the licensee currently holds a Sidewalk Café, Wine On Sale and a Malt On Sale (Strong) license; and
WHEREAS, licensee submitted a "Good Faith" letter indicating he was able to obtain twenty-one (21) out of a twenty-eight (28) possible signatures for seventy-two (72) percent support of their petition; and
WHEREAS, the Council finds that the applications are in order and there are no grounds for denial of the Liquor Outdoor Service Area (Patio) and a Liquor Outdoor Service Area (Sidewalk) license; now, therefore, be it,
RESOLVED, that the Liquor Outdoor Service Area (Patio) and Liquor Outdoor Service Area (Sidewalk) licenses are hereby granted to The Neighborhood Café, Inc. d/b/a The Neighborhood Café for the premises located at 1570 Selby Avenue in Saint Paul with the following conditions:
1. Sidewalk Café seating approved for a maximum of eight (8) seats.
2. Each year prior to the placement of table(s) and/or chair(s) in the public right-of-way (i.e., sidewalk), the licensee agrees to obtain a new Obstruction Permit from the Department of Public Works. Licensee agrees to maintain the sidewalk café in accordance with the conditions placed on an approved Obstruction Permit, acknowledges that an Obstruction Permit is effective on April 1 and expires on October 31 of each year, that table(s) and/or chair(s) may not be placed in the public right-of-way before or after the effective/expiration dates, and that a failure to comply with this condition will result in adverse action being taken against all of their licenses.
3. No liquor (i.e., wine/beer) sales and/or service is allowed anywhere outdoors without prior written approval and additional licensing from DSI.
4. Per City of Saint Paul Legislative Code 409.15(a)(2), On-sale wine license shall mean a license authorizing the sale of wine not exceeding fourteen (14) percent alcohol by volume, for consumption on the licensed premises only in conjunction with the sale and service of food (menu item only). The sale of Malt (Strong) will also take place only in conjunction with the sale and service of food.
5. Per City of Saint Paul Legislative Code 409.15(e), licensee must be able to show that gross receipts are at least sixty (60) percent attributable to the sale of food.
6. Licensee will submit to the Department of Safety and Inspections (DSI) annual gross
receipts for food and liquor for each year the license is renewed.
7. Licensee agrees to close the establishment and have all customers/patrons vacate the premises by 12:00 a.m. (midnight) each day of the week as per City Zoning Code parking requirements.